Sec. 59-G-2.30.00. Landscape contractor.

This use may be allowed together with incidental buildings upon a finding by the Board of Appeals that the use will not constitute a nuisance because of traffic, noise, hours of operation, number of employees, or other factors.  It is not uncommon for this use to be proposed in combination with a wholesale or retail horticultural nursery, or a mulch/compost manufacturing operation.  If a combination of these uses is proposed, the Board opinion must specify which combination of uses is approved for the specified location.

   (1)   The minimum area of the lot must be 2 acres if there are any on-site operations, including parking or loading of trucks or equipment.

   (2)   Areas for parking and loading of trucks and equipment as well as other on site operations must be located a minimum of 50 feet from any property line. Adequate screening and buffering to protect adjoining uses from noise, dust, odors, and other objectionable effects of operations must be provided for such areas.

   (3)   The number of motor vehicles and trailers for equipment and supplies operated in connection with the contracting business or parked on site must be limited by the Board so as to preclude an adverse impact on adjoining uses. Adequate parking must be provided on site for the total number of vehicles and trailers permitted.

   (4)   No sale of plant materials or garden supplies or equipment is permitted unless the contracting business is operated in conjunction with a retail or wholesale nursery or greenhouse.

   (5)   The Board may regulate hours of operation and other on-site operations so as to prevent adverse impact on adjoining uses.

   (6)   In evaluating the compatibility of this special exception with surrounding land uses, the Board must consider that the impact of an agricultural special exception on surrounding land uses in the agricultural zones does not necessary need to be controlled as stringently as the impact of a special exception in the residential zones.

(Legislative History: Ord. No. 10-69, §9; Ord. No. 13-31, §5; Ord. No. 13-107, §3; Ord. No. 13-112, §1; Ord. No. 14-36, § 1 ; Ord. No. 14-49, § 1 .)

   Editor’s note—Section 59-G-2.30.00 is interpreted and quoted in Montgomery County v. Butler, 417 Md. 271, 9 A.3d 824 (2010).

Sec. 59-G-2.30.000. Manufacture of mulch and composting.

This use may be allowed together with incidental buildings upon a finding by the Board of Appeals that the use will not constitute a nuisance because of traffic, noise, hours of operation, number of employees, or other factors.  It is not uncommon for this use to be proposed in combination with a wholesale or retail horticultural nursery or a landscape contractor.  If a combination of these uses is proposed, the Board opinion must specify which combination of uses is approved for the specified location.

   (1)   The minimum area of the lot must be 5 acres.

   (2)   The operating area as well as areas for parking and loading must be a minimum of 50 feet from any property line and adequately enclosed, screened, and buffered, or otherwise constructed or arranged so as to protect adjoining uses from noise, dust, odors, and other objectionable impacts.

   (3)   The Board may regulate the hours of operation so as to prevent any adverse impact on adjoining uses.

   (4)   The Board may limit the number of motor vehicles operated in connection with the business or parked on the site so as to preclude an adverse impact on adjoining uses. Adequate parking must be provided on site for the total number of vehicles permitted; and must not be less than required for an industrial or manufacturing establishment or warehouse, under Article 59-E.

   (5)   In evaluating the compatibility of this special exception with surrounding land uses, the Board must consider that the impact of an agricultural special exception on surrounding land uses in the agricultural zones does not necessarily need to be controlled as stringently as the impact of a special exception in the residential zones.

(Legislative History: Ord. No. 10-69, §9; Ord. No. 13-31, §5; Ord. No. 13-107, §3; Ord. No. 13-112, §1; Ord. No. 14-36, § 1 ; Ord. No. 14-49, § 1 .)

Sec. 59-G-2.30.1. Hospice care facility.

A hospice care facility may be allowed if the Board finds:

   (1)   That such use will not constitute a nuisance because of the number of residents, noise, vehicle traffic or parking, or other physical activity;

   (2)   That the applicant possesses a valid certificate to operate a freestanding hospice care facility issued by the secretary of the Maryland Department of Health and Mental Hygiene; and

   (3)   That any property to be used as a hospice care facility is of sufficient size to accommodate the proposed number of residents and staff.

(Legislative History: Ord. No. 9-74, § 11; Ord. No. 14-47, § 1.)

   Cross reference—Hospitals, sanitariums, nursing and care homes, ch. 25.

Sec. 59-G-2.31. Hospitals.

A hospital or sanitarium building may be allowed if the Board finds that it will not create a nuisance because of traffic, noise, or the number of patients or persons cared for; that it will not affect adversely the present character or future development of the surrounding residential community; and if the lot, parcel, or tract of land on which the buildings to be used are located conforms to the following minimum requirements; except that, in the C-2 and C-O zones, the minimum area and frontage requirements do not apply:

   (1)   Minimum area. Total area, 5 acres.

   (2)   Minimum frontage. Frontage, 200 feet.

   (3)   Setback. No portion of a building shall be nearer to the lot line than a distance equal to the height of that portion of the building, where the adjoining or nearest adjacent land is zoned single-family detached residential or is used solely for single-family detached residences, and in all other cases not less than 50 feet from a lot line.

   (4)   Off-street parking. Off-street parking shall be located so as to achieve a maximum of coordination between the proposed development and the surrounding uses and a maximum of safety, convenience and amenity for the residents of neighboring areas. Parking shall be limited to a minimum in the front yard. Subject to prior board approval, a hospital may charge a reasonable fee for the use of off-street parking. Green area shall be located so as to maximize landscaping features, screening for the residents of neighboring areas and to achieve a general effect of openness.

   (5)   Commission recommendation. The board or the applicant shall request a recommendation from the commission with respect to a site plan, submitted by the applicant, achieving and conforming to the objectives and requirements of this subsection for off-street parking and green area.

   (6)   Building height limit. Building height limit, 145 feet.

(Legislative History: Ord. No. 8-54, § 9; Ord. No. 9-56, § 1; Ord. No. 14-47, § 1 ; Ord. No. 16-55, § 2 .)

   Cross reference—Hospitals, sanitariums, nursing and care homes, ch. 25.

Sec. 59-G-2.32. Hospital, veterinary.

   (a)   In any commercial, central business district or transit station zone where permitted by special exception, a veterinary hospital must comply with the following conditions and requirements:

      (1)   There must be no runs, exercise yards, or other facilities for the keeping of animals in any exterior space.

      (2)   All areas for the keeping of animals must be soundproofed.

   (b)   In any residential or rural zone where permitted by special exception, a veterinary hospital must comply with the following conditions and requirements:

      (1)    In the R-150, R-90, and R-60 zone, the minimum lot size is one-half acre.  In the R-60 zone a veterinary hospital must be located along a major highway with an existing right-of-way width of no less than 90 feet, and be adjacent to or confronting a central business district or a property zoned for commercial use.

      (2)   Exterior areas used to exercise, walk, or keep animals must be set back from any property line 200 feet and screened from adjacent residential properties.  All exterior exercise areas and runs must be fenced for the safe confinement of animals.

      (3)   For all buildings in which animals will be present, maximum expected interior sound levels must be reduced to 40 dBA (A-weighted decibels) outside, measured at ten feet from the structure.

      (4)   All buildings and accessory structures must be set back from any property line a minimum of 50 feet.

      (5)   No animal may be outdoors between 6 p.m. and 8 a.m.

      (6)   On weekdays, the sound at the nearest receiving property line must not exceed 60 dBA between the hours of 8 a.m. to 6 p.m. and 50 dBA between the hours of 6 p.m. to 8 a.m.  On Saturdays, Sundays, and federal holidays, the sound at the nearest receiving property line must not exceed 60 dBA between the hours of 9 a.m. to 6 p.m. and 50 dBA between 6 p.m. and 9 a.m.  Terms are defined in accordance with the Montgomery County Noise Ordinance (Chapter 31B of the Montgomery County Code).  In any event, the predicted maximum receiving property line sound levels must not exceed the characteristic ambient sound levels by more than 3 dBA at any time.

      (7)   Dogs must not be walked or exercised in outdoor areas that are off-site.

      (8)   In addition to the submittal requirements in Sec. 59-A-4.22, the applicant must submit the following information.  Applications submitted without this information are incomplete and will not be accepted or assigned a case number:

         (i)   acoustical engineering studies that demonstrate that the proposed use meets the standards in Sec. 59-G-2.02(b)(3) and (6) above.  The studies must show the worst scenario sound level.  The statement of operations must be sufficiently detailed to allow determination of how often the worst scenario sound level occurs.

         (ii)   detailed floor plans that show all the interior areas and their use designations,

         (iii)   site plans that show the layout of all exterior areas used to exercise, walk, or keep animals.

      (9)   The Board must specify a minimum number of off-street parking spaces, taking into consideration the number of employees on the maximum shift, the number of doctors practicing simultaneously, and the number of appointments and deliveries.  This number must in no case be less than 5.

      (10)   The Board may regulate the number of animals that may be boarded, exercised, walked, or kept in runs or similar areas, and the manner in which animals are boarded, exercised, walked, or kept.

      (11)   The Board may regulate the office hours and the number of appointments.  Animals may be seen by appointment only.  Emergency patients and visits to pick up prescriptions and pet-related items may also occur, within office hours only and without prior scheduling: abuse of this exemption may lead to revocation of the special exception.  A written log of all appointments and drop-in and emergency client activities must be kept, to be available for inspection by County authorities.

      (12)   Any accessory operation, such as grooming or the sale of pet food and supplies, must be set forth in the statement of operations and must be limited as an accessory activity to a percentage of sales not to exceed 20%.

      (13)   All litter and animal waste must be contained and controlled on the site.

      (14)   Animals may be kept overnight at the hospital only for medical purposes.  If animals are kept for non-medical purposes, a separate application for an animal boarding place must be approved.

      (15)   If the proposed use is located in an area that uses well water and septic facilities, the applicant must prove that the use will not have any negative effect.

   (c)   Any veterinary hospital lawfully existing prior to the effective date of this ordinance is a conforming use, and may be extended, enlarged or modified by special exception subject to the provisions set forth in this section.

(Legislative History: Ord. No. 8-53, § 16; Ord. No. 10-8, § 2; Ord. No. 14-47, § 1.)

Sec. 59-G-2.33. Hotels and motels.

A hotel, motel or inn may be allowed; provided, that all the requirements imposed in the zone are met; and provided further, that special conditions, such as for additional fencing and/or planting or other landscaping, additional setback from property lines, location and arrangement of lighting and other reasonable requirements deemed necessary to safeguard the general community interest and welfare may be invoked by the board as requisites to the grant of special exception. An apartment hotel lawfully existing prior to April 26, 1966, may be allowed to increase the number of its guest rooms to more than 20 percent, but not above 45 percent of its total dwelling units in accordance with the requirements of this chapter, including those standards of this section which may reasonably be applied to an existing facility. Such an apartment-hotel is not required to maintain any guest rooms.

(Legislative History: Ord. No. 9-71, § 5; Ord. No. 10-20, § 4.)

   Cross reference-Hostels, rooming houses, etc., § 54-5 et seq.

Sec. 59-G-2.34. Reserved.

   Editor's note-Section 59-G-2.34, relating to rural resort hotels, was repealed by Ord. No. 10-69, § 9.